Terms and Conditions

Acceptance of These Terms

These Terms and Conditions form a binding agreement between you and Scented.ai. You accept them by using the Service, in any of the following ways:

• By registering an account: you are asked to confirm your acceptance before your account is created.
• By using the Service without an account: if you choose "continue as guest", your use of the app constitutes acceptance of these Terms and of our Privacy Policy, whether or not you later register.
• By continuing to use the Service after we publish changes to these Terms.

If you do not agree to these Terms, do not use the Service.

Guest mode. Guest mode is provided as a convenience so you can try Scented.ai before deciding whether to register. It is offered on an "as is" basis and is subject to the following limitations:

• Guest activity is associated with an identifier for your device rather than with a named account. We explain what this means for your privacy in the Guest Mode section of our Privacy Policy.
• Guest activity is not transferred to an account. Registering does not migrate your guest collection, ratings or history to your new account. If you want that activity kept, create an account before building it up.
• Access to guest data is not guaranteed to be preserved. If you reinstall the app, change device, reset your device identifier, or your guest session expires, you may permanently lose access to the activity recorded in that session, and we do not guarantee that it can be recovered. (Losing access is not the same as deletion — see the Privacy Policy for how long we retain guest data and how to have it deleted.)
• Certain features are unavailable in guest mode, and we may change which features are available at any time.
• Because a guest session has no verified email address, some account rights — including in-app deletion — cannot be exercised through the app. Contact support@scented.ai instead.

Creating an account does not carry your guest activity over: registration starts a fresh account, and anything recorded during your guest session will not appear in it. These Terms continue to apply to your use of the Service either way.

Definitions

In these terms and conditions, the following words and phrases shall have the meanings set out beside them, unless the context indicates otherwise:

1. User: Refers to any person who accesses or uses our platform, whether registered or not.
2. Content: Pertains to any material, including but not limited to text, graphics, images, and multimedia, made available on scented.ai.
3. Account: Represents the registered profile of a user, complete with login credentials and personal settings.
4. Service: Refers to all the functionalities, tools, resources, and information provided by scented.ai.
5. Third-party: Any individual, company, or entity that is not directly affiliated or owned by scented.ai.
6. Platform: Refers to the scented.ai website, mobile application, or any other digital interface where scented.ai is accessible.
7. Review: A user's written or multimedia feedback or commentary about a specific perfume or related product.
8. Pro Subscription: A paid subscription tier that unlocks additional features on the platform, including additional recommendations, magic searches, custom lists without limits, and the ability to share lists.
9. Guest Mode: Use of the Service without a registered account, in which activity is associated with an identifier for your device rather than with an account.
10. Shared List: A perfume list that you have chosen to publish via a share link, making it viewable by anyone who holds that link.
11. RevenueCat: A third-party subscription management service used by scented.ai to manage Pro subscription entitlements, billing cycles, and purchase validation.

By understanding these definitions, users can better grasp the terms and conditions set forth in this document. If any terms within this document are unclear, please refer back to this section or contact our support team.

Minimum Age

Our Service is available exclusively through the Apple App Store and Google Play, both rated for users aged 16 and over. By downloading and using our app, you confirm that you are at least 16 years old.

In the current version of the app, we ask for your date of birth during registration and verify it against this minimum age requirement before your account is created; if verification fails, the account is not created. If you are using an earlier version of the app that has not been updated to include this step, we do not collect your date of birth and instead rely on your confirmation at signup that you meet the minimum age requirement.

Your obligation. Where we ask for your date of birth, you must provide accurate and truthful information. Providing a false date of birth in order to circumvent the minimum age requirement is a breach of these Terms. We reserve the right to suspend or delete any account where we have reasonable grounds to believe the age requirement is not met, or that the date of birth provided is not genuine.

We do not knowingly collect personal data from users under 16. If we become aware that a user under 16 has registered, we will promptly delete their account and associated personal data. To report a potential underage account, contact us at support@scented.ai.

User Registration

1. Process: To access certain features and services, users may be required to register and create an account. During registration, users will be prompted to provide specific personal information to set up their profile.
2. Information Required: Email Address, Password, Username, Country of Residence. Gender is optional — you may select "don't want to answer". In the current version of the app, Date of Birth is also required, solely to verify you meet the minimum age requirement.
3. Data Collection and Use: We collect personal data about our users only when it is absolutely necessary. Data is collected for providing service enhancements, processing transactions, and improving user experiences.
4. Account Security: Users are responsible for maintaining the confidentiality of their account information, including their password. Any activities under a user's account will be deemed to have been done by the user.
5. Account Modification: Registered users can edit or update their profile details at any time through the settings option in their account.

Note on Sign in with Apple: If you sign in using Sign in with Apple, Apple may provide a private relay email address in place of your real email address. We will use this address solely to communicate with you and manage your account.

Note on Sign in with Google: You may register or sign in using Google Sign-In. By doing so, you agree to Google's Terms of Service in addition to ours.

Use of the Service

1. General Use: By accessing and using scented.ai, users agree to use the Service in accordance with these terms and conditions and any applicable laws and regulations.
2. Acceptable Conduct: Users are expected to interact with the platform and other users in a respectful and courteous manner. Misrepresentation, harassment, spamming, or any form of deceptive behavior is strictly prohibited.
3. Content Interaction: Users are free to browse, comment on, and share the content available on scented.ai. Abusive, discriminatory, or inappropriate comments are not allowed and may result in penalties, including account suspension.
4. Intellectual Property: All content, designs, logos, and other materials provided by scented.ai are the property of scented.ai or its licensors. Users may not reproduce, distribute, modify, or use such content without explicit permission.
5. Service Availability: scented.ai does not guarantee uninterrupted access and may temporarily or permanently suspend access without notice for maintenance, updates, or due to unforeseen circumstances.
6. Third-Party Interactions: scented.ai may integrate or offer links to third-party services. scented.ai is not responsible for the content, products, or services of these third parties.
7. Limitations: scented.ai reserves the right to limit or restrict access to certain features, tools, or sections of the platform based on user behavior, account type, or for other reasons deemed appropriate.
8. Updates: From time to time, scented.ai may release updates or new features. Users are encouraged to keep their applications updated to enjoy the full range of services offered.

Intellectual Property Rights

1. Ownership of scented.ai Content: All content present on scented.ai, including but not limited to text, graphics, logos, designs, and software, is the intellectual property of scented.ai or its licensors and is protected by international copyright, trademark, and other intellectual property laws. Unauthorized use, reproduction, or distribution is strictly prohibited.
2. User-Generated Content:
   • Reviews: By submitting a review, users grant scented.ai a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, display, adapt, and distribute the review across its platforms and channels.
   • Photos: When users upload photos of perfumes, they grant scented.ai a similar license to use, display, and distribute these photos. Users must ensure they have the rights to any photo they upload.
   • Lists, names, notes and search prompts: Text you create in the Service — including the names you give your collections and lists, any notes or memos you attach to perfumes, and the prompts you enter into Magic Search — is also user-generated content. You grant scented.ai a non-exclusive, royalty-free, worldwide license to host, store, reproduce and display that content in order to operate the Service, including displaying it to third parties on a publicly accessible page where you have chosen to share it.
3. User Representations: By submitting any content to scented.ai, users represent and warrant that they are the original author or have obtained the necessary rights, and that the content does not infringe upon the rights of any person or entity.
4. Protection of Intellectual Property: scented.ai respects the intellectual property rights of others and expects its users to do the same. Any user found to be infringing upon the intellectual property rights of others may face penalties, including removal of infringing content and account suspension or termination.
5. Reporting Infringements: If users believe that their intellectual property rights have been infringed upon by content on scented.ai, they should promptly contact our support team with a detailed complaint.
6. Our mobile application primarily provides information generated by our proprietary algorithms. Additionally, we present data collected from official websites and other publicly accessible sources for informational purposes. We do not claim ownership of this content. If you believe that any content infringes upon your copyright, please contact us directly.

Sharing Lists Publicly

The Service allows you to publish a perfume list by generating a share link of the form https://scented.ai/shared-list/<id>. Creating a share link is a decision to publish, and the following terms apply.

• The link is public. Anyone holding the link can view the page without an account or login. Shared pages may be indexed by search engines, forwarded, reposted, cached or archived by third parties outside our control.
• What you publish. The page displays the name of the list, the date it was created, and the perfumes it contains. For lists created from a Magic Search, the name of the list is the text of your search prompt and will be displayed publicly.
• Your responsibility for content. You must not include in list names, notes or search prompts any content that is unlawful, abusive, harassing, defamatory, obscene, discriminatory, or that infringes anyone's rights. You must not include personal data relating to any other person, or your own sensitive personal data, in content you choose to publish.
• Recipients may keep copies. Anyone who opens a shared link may save the list to their own account. We cannot recall copies already saved, screenshotted, cached or indexed elsewhere, and disabling a link does not remove them.
• Our right to disable links. We may disable, remove or refuse to serve any share link at any time — including where we consider the content to breach these Terms, where we receive a valid complaint, or for legal, security or operational reasons. We may do so without prior notice where the content appears unlawful or harmful.
• How to stop sharing. You may request that a share link be disabled by contacting support@scented.ai. Deleting your account also disables your share links.
• Availability. Sharing may require an active Pro subscription and may be enabled or disabled for particular accounts or releases. We do not guarantee that a previously created link will remain available indefinitely.

AI-Generated Content and Recommendations

Several features of the Service — including taste matching, like prediction, Magic Search, and personalised recommendations — are generated automatically by algorithms and machine learning models.

• No guarantee of accuracy. These outputs are predictions and estimates. They may be incomplete, out of date, or simply wrong, and we do not warrant their accuracy, reliability, or fitness for any particular purpose.
• Not professional advice. Nothing generated by the Service constitutes medical, dermatological, allergy, safety, legal, financial, or other professional advice, and it must not be relied on as a substitute for advice from a qualified professional.
• Health and allergies. Fragrances can cause allergic or adverse reactions. We do not assess the ingredients or safety of any product for you personally. Always check the manufacturer's ingredient list and consult a qualified medical professional if you have sensitivities or a known allergy.
• Purchasing decisions. Recommendations, taste matches and predicted ratings are provided for informational and entertainment purposes only, and are not an endorsement or a valuation of any product. Purchasing decisions remain yours.
• Product information. Information about perfumes — including notes, perfumers, release years and descriptions — is drawn from publicly available sources and may be inaccurate or incomplete.

Our use of automated processing to generate personalised recommendations, and your right to object to it, are described in our Privacy Policy.

User Review Aggregation Disclaimer

Our service aggregates and displays user reviews collected from across the internet. The ratings and reviews reflect the collective opinions of the public and are presented as an aggregated score to assist users in making informed decisions. We do not independently assess each product; therefore, the views and ratings displayed do not constitute our endorsement or evaluation of the quality or value of any perfume.

Third-party Links and Services

1. Affiliate Program Integration: scented.ai incorporates an affiliate program that provides users with links and suggestions on where they can purchase perfumes. These links direct users to third-party websites and platforms.
2. Disclaimer: scented.ai does not control or oversee the content, products, or operations of these external websites and is not responsible for their accuracy, compliance, legality, or any other aspect.
3. User Responsibility: Users are encouraged to exercise caution and discretion when accessing third-party links and to review the terms of service and privacy policies of third-party sites before making any purchases.
4. Affiliate Commissions: scented.ai may earn commissions from qualifying purchases made by users when they access and buy products through the provided third-party links.
5. No Endorsement: The inclusion of third-party links on scented.ai does not imply endorsement, sponsorship, or association with these third parties.

Subscription and Billing

1. Pro Subscription Plans: scented.ai offers a Pro Subscription as an auto-renewing subscription, available on more than one billing cycle. Pro subscribers gain access to additional features including extra recommendations, magic searches, custom lists without limits, and the ability to share lists.
2. Price and Duration: The title of each subscription, the length of its billing period, and the price in your local currency are displayed on the purchase screen in the app before you confirm, and again by the App Store or Google Play at the point of payment. Prices vary by country and may change; where a price increase affects an existing subscription, Apple or Google will notify you and, where required, obtain your consent before the next renewal. Any free trial or introductory offer, and its duration, is disclosed on the same screen; where you purchase a subscription, any unused portion of a free trial is forfeited.
3. Activation of Pro Access: Pro features are unlocked once your purchase has been validated and your entitlement has synchronised with our servers. This normally happens within moments of purchase, but may be delayed by network conditions or by a store or third-party service outage. If you have been charged and Pro features have not activated, contact support@scented.ai.
4. Payment Processing: Payment will be charged to your iTunes Account (Apple ID) or Google Play Account at confirmation of purchase. scented.ai does not collect or store payment card information.
5. Subscription Management via RevenueCat: We use RevenueCat to manage subscription entitlements, billing cycles and purchase validation. RevenueCat receives your App User ID, store platform, billing country, and purchase receipt data. RevenueCat does not receive your payment card details.
6. Renewals: Subscriptions automatically renew at the end of each billing cycle unless auto-renewal is turned off at least 1 hour before the end of the current period.
7. Cancellation: Auto-renewal may be turned off at any time through your Account Settings (App Store or Google Play). Cancellation takes effect at the end of the current billing period. Please note: deleting your scented.ai account does not automatically cancel your subscription.
8. Billing Records: Transaction IDs, purchase receipts, and billing records are retained for a minimum of 7 years from the transaction date as required by applicable tax and accounting laws. These records may persist after account deletion.
9. Refunds: All refund requests are handled by Apple or Google in accordance with their respective refund policies. scented.ai does not process refunds directly.
10. EU Right of Withdrawal: If you are a consumer in the EU or EEA, you have a statutory right to withdraw from a purchase within 14 days. However, by starting your Pro subscription immediately upon purchase, you expressly request immediate commencement of the service and acknowledge that you lose your right of withdrawal once the service has commenced.

Pioneer Members

Users who registered a Scented.ai account before the release of version 1.2.0 ("Pioneer Members") are granted unlimited perfume collections as a thank-you for their early interest and support.

This benefit is awarded at our discretion and is personal to the registered account. It is non-transferable and does not apply to new accounts created after the release of version 1.2.0.

We reserve the right to modify or discontinue Pioneer Member benefits for legitimate operational, legal, or commercial reasons. Where we intend to reduce or remove a benefit, we will give Pioneer Members at least 30 days' prior notice by email or in-app notification before any such change takes effect.

Data Protection and Privacy

We prioritize the privacy and protection of our users' data. For full details on what data we collect, how we use it, your rights, and our third-party integrations, please review our Privacy Policy.

Key points:

• We collect only data that is necessary to provide and improve the Service.
• We use PostHog for analytics, RevenueCat for subscription management, and Google Sign-In for optional authentication. In the current version of the app, we also use Firebase Analytics / GA4 (Google) for analytics and to measure the performance of our own advertising campaigns in Google Ads, Sentry to monitor crashes, and Expo to deliver push notifications. Each processor operates under, or is in the process of being brought under, a Data Processing Agreement with us.
• On Android we collect your advertising identifier solely to attribute installs and subscriptions to our own campaigns. We do not show advertising in the app and do not use this data to target advertising at you. You can reset or delete this identifier in your device settings — see the Privacy Policy for instructions.
• If you use the app without an account, activity is recorded against an identifier for your device. See the Guest Mode section of the Privacy Policy.
• All data transmitted between your device and our servers is encrypted using TLS. Personal data is encrypted at rest.
• You have rights of access, correction, deletion, portability, restriction, and objection. To exercise any of these rights, email support@scented.ai.
• Our core service uses automated profiling to generate personalised scent recommendations. You have the right to object to this profiling at any time.

Disputes and Applicable Law

1. Informal Resolution: Before initiating any formal dispute resolution proceedings, users are encouraged to contact scented.ai at support@scented.ai to try and resolve the matter amicably.
2. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Serbia.
3. Jurisdiction: Subject to clause 4 below, the competent courts of the Republic of Serbia (seated in Novi Sad) shall have jurisdiction over any disputes or claims arising from these Terms and Conditions.
4. Consumer Rights: If you are a consumer residing in the EU, EEA, Serbia, or any other jurisdiction with mandatory consumer protection legislation, you retain the right to bring claims before the courts of your country of residence.

Limitation of Liability and Disclaimers

1. Disclaimer of Warranties: The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied.
2. Cap on Liability: To the maximum extent permitted by applicable law, Scented.ai's total liability to you for any claim shall not exceed the greater of: (a) the total amount you paid to Scented.ai in the 12 months immediately preceding the claim; or (b) €50.
3. Exclusion of Consequential Damages: Scented.ai shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with these Terms or your use of the Service.
4. Recommendations Disclaimer: Scent recommendations are provided for informational and entertainment purposes only. Scented.ai is not liable for any adverse reactions arising from the use of any perfume or product recommended through the Service.
5. Third-Party Services: Scented.ai is not liable for the content, accuracy, availability, or practices of any third-party website, service, or platform linked to or integrated within our platform.
6. Consumer Rights: Nothing in this section excludes or limits any rights you have under mandatory consumer protection laws applicable in your country of residence.

Updates to these Terms and Conditions

1. Right to Update: scented.ai reserves the right to modify, amend, or revise these Terms and Conditions at any time.
2. Notification: Whenever significant changes are made, scented.ai will make reasonable efforts to notify users through a mandatory in-app notice on first launch following the update, or via email.
3. Effective Date: Changes to the Terms and Conditions will become effective immediately upon being posted on the platform, unless otherwise stated in the notice.
4. Acceptance: Continued use of the scented.ai platform after any changes to these Terms and Conditions will constitute acceptance of the modified terms.
5. Archival: scented.ai will endeavor to keep an archive of previous versions of these Terms and Conditions, which can be made available upon request.
6. Queries: Users with concerns or questions regarding any changes are encouraged to contact scented.ai's support team.

General Provisions

1. Severability: If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, that provision shall be deemed modified to the minimum extent necessary. Any such invalidity shall not affect the remaining provisions.
2. Entire Agreement: These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and scented.ai with respect to your use of the Service.
3. Assignment: You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. scented.ai may assign its rights in connection with a merger, acquisition, or sale of assets.
4. Waiver: No failure or delay by scented.ai to exercise any right or remedy shall constitute a waiver of that right or remedy.
5. Force Majeure: scented.ai shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, war, civil unrest, or governmental action.

Contact Information

1. Primary Contact Method: Users who have questions, concerns, or feedback are encouraged to reach out to us via email.
2. Email Address: support@scented.ai
3. Data Controller: Scented.ai is operated by Evgenii Razinkov pr Novi Sad, Mite Ružića 2, Novi Sad, Serbia (matični broj: 67620046; PIB: 114493269).